What is the test for determining whether the death penalty is disproportionate as applied in this case?

California, United States of America

The following excerpt is from People v. Lang, 264 Cal.Rptr. 386, 49 Cal.3d 991, 782 P.2d 627 (Cal. 1989):

Defendant contends that the death penalty is disproportionate as applied in this case. To the extent defendant is seeking intercase proportionality review, we adhere to our position, noted previously, that such review is not required. (People v. Johnson, supra, 47 Cal.3d 1194, 1253, 255 Cal.Rptr. 569, 767 P.2d 1047.) To the extent defendant contends the penalty of death is disproportionate to his individual

Page 423

[782 P.2d 664] XIX. Constitutionality of Death Penalty Law

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